Libby, McNeill & Libby v. Indus. Comm'n

• Decision Date: 22 June 1927
• Docket Number: No. 18171.,18171.
• Citation: 326 Ill. 293,157 N.E. 168
• Court: Illinois Supreme Court
• Parties: LIBBY, McNEILL & LIBBY v. INDUSTRIAL COMMISSION et al.

326 Ill. 293

157 N.E. 168

LIBBY, McNEILL & LIBBY

v.INDUSTRIAL COMMISSION et al.

No. 18171.

Supreme Court of Illinois.

June 22, 1927.

Error to Superior Court, Cook County; Joseph B. David, Judge.

Proceeding under the Workmen's Compensation Act by Fannie B. Reddick for the Libby, McNeil & Libby, employers. To review .libby, McNeil & Libby, employers. To review a judgment of the superior court, confirming an award of the Industrial Commission in favor of the claimant, the employer brings error.

Reversed, and award set aside.

Thomas M. Coen and J. B. Hugg, both of Chicago, for plaintiff in error.

Denison, Watkins, & White, of Chicago, for defendant in error.

FARMER, J.

This court allowed the petition of Libby, McNeill & Libby for a writ of error to review a judgment of the superior court of Cook county confirming an award of the industrial Commission is favor of Fannie B. Reddick, the mother of Currie Reddick, on account of Mrs. Redick's claim that her son received an accidental injury on June 25, 1925, from which pneumonia developed, causing his death July 3, 1925.

Currie Reddick was 19 years old, and resided with his father, mother, and younger members of the family. On the 25th of June, 1925, Reddick, in company with four other men, worked for plaintiff in error from 7:30 a. m. for more than an hour unloading hogsheads of olives from cars; the hogsheads being 4 1/2 feet high by 2 1/2 feet in diameter and weighing from 1,500 to 1,800 pounds. Deceased worked at other employments the balance of the day after completing the unloading of the hogsheads and checked out at 5 o'clock in the evening. He did not return to work the next day, but his brother-in-law telephoned plaintiff in error's timekeeper that Reddick had been hurt at the plant the day before, and asked that the nurse be sent to Reddick's home. Inquiry was at once made at the plant, but there was no record of any accident, and employees questioned could give no information. The nurse called at Reddick's home, and in conversation with her he said he had been hurt the day before while unloadingolives-that he had been squeezed between two men. No objection was made to the nurse stating what Reddick said about being hurt. The nurse testified Reddick asked her to send plaintiff in error's doctor to see him. Dr. Lally was sent on behalf of plaintiff in error on June 27 to call on Reddick. He testified Reddick was a very sick man, with pneumonia, but he could find no marks of violence. He treated Reddick until his death. He had him removed to a hospital.

July 14 Fannie B. Reddick filed an application for adjustment of claim on the grounds of dependency. The application was heard by an arbitrator, and on October 1, 1925, he filed a decision that the petitioner was not entitled to compensation, for the reason that her son did not receive an injury while in the employ of plaintiff in error on June 25, which caused his death. The claim was reviewed by the Industrial Commission, and the commission filed a decision that the deceased sustained an accidental injury which resulted in his death on July 3, and that his mother, Fannie B. Reddick, was at the time of the injury dependent upon him for support, and made an award to her of $9.90 per week for 166 2/3 weeks. The cause was removed to the superior court of Cook county by certiorari, and that court confirmed the award. This writ of error was sued out to review the judgment of the superior court.

But two questions are presented for decision: (1) Did Currie Reddick receive an accidental injury June 25, while in the employ of plaintiff in error, which caused his death. (2) Was the mother of deceased dependent upon him?

The claimant, Reddick's mother, testified her son went to bed immediately on returning home on June 25, about 5:30 o'clock. He was spitting blood and complained of his side. He was well when he left home in the morning. Plaintiff in error's physician visited him a day or two afterwards and attended him through his illness. At the end of 9 days he was taken to a hospital. Her son gave his money to her, and had been supporting her 2 years. He quit school to help his father and to support her. She used the money for his expenses and for her and the younger children's expenses. On cross-examination she testified she resided with her husband, who was employed in the post office. Before employment there he worked at the Malleable Steel Works. She said he had a very good job, maintained the family, and supported her ever since they were married. He supported the children, but she did not get very much herself. He had been good to her, and turned his money over to her, but debts and obligations took more than he made. Her son had worked for plaintiff in error about two weeks before she claims he was injured. Before that he had worked for other employers. He lived and slept at her house. He paid no room rent. She and her husband were buying some property, and the money her husband gave her went to meet payments for the property, and to buy food and clothing for the little children. They were buying two pieces of property in Morgan Park. The witness put in the bank the money her husband gave her, and he checked it out to pay on the property. The money her son gave her was used for personal benefits and for the support of the little girls. That was done because it left her husband's money free to be applied on payments for the real estate.

The proof shows that the men unloaded four cars of hogsheads, commencing about 7:30 a. m., and were so engaged more than an hour. The hogsheads stood on end in the cars and to remove them it was necessary to turn them over on their sides. Two men pushed from behind, and Reddick and two others stood in front and pulled, with their arms extended straight out from the shoulders. When a hogshead started to overturn, they stepped back to allow it to fall on its side. Reddick worked between two other men, standing shoulder to shoulder with them, and pulled on the hogsheads to lower them to their sides. Earl Compbell, who was one of the two that pushed the hogsheads over, testified before the aribtrator and described how the work was done, and said while they were unloading the third or fourth car Reddick frowned, and appeared as if he was hurt or sick. The witness testified he and Reddick lived about two blocks apart; that the evening of June 25 he and Reddick got on the same street car at the Libby plant, and when they got off they walked home together; and that no accident occurred to Reddick as they were going home.

Frank Modzeleski testified he was working and standing by the side of Reddick in unloading the hogsheads, and an employee named Moore was on the other side of Reddick. He described how they would press their shoulders against each other in performing the work. He testified he did not squeeze Reddick, so far as he knew, and that Reddick did not make any complaint of having been squeezed. The arms of the three men in front of the hogsheads were extended straight out in doing the work, and their shoulders were not near Reddick's sides. Much of the time they were so far apart that they hardly touched each other.

Orange Moore testified he worked alongside of Reddick, who was in the center of the three in front of the hogsheads. He said sometimes their shoulders touched. Their arms were stretched out straight from the shoulders, and they would step back as a hogshead came over. Reddick did not get hurt while working with the hogsheads, to his knowledge. He never complained to the witness, and witness said he did not squeeze him at any time.

Linda Crow testified she was timekeeper for plaintiff in error. She was called on the telephone June 26 by Reddick's brother-in-law, and told that Reddick was hurt the day before at the plant, and asked if they would send the nurse out. She said they had received no report of the accident and could find no one that knew of it. The superintendent spoke to Miss Rotz about going down to Reddick's house. Miss Rotz testified she...